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This "Open Access" book investigates the legal reality of the
church through a sociological lens and from the perspective of
canon law studies, the discipline which researches the law and the
legal structure of the Catholic Church. It introduces readers from
various backgrounds to the sociology of canon law, which is both a
legal and a theological field of study, and is the first step
towards introducing a new subdiscipline of the sociology of canon
law. As a theoretical approach to mapping out this field, it asks
what theology and canon law may learn from sociology; it discusses
the understanding of "law" in religious contexts; studies the
preconditions of legal validity and effectiveness; and based on
these findings it asks in what sense it is possible to speak of
canon "law". By studying a religious order as its struggles to find
a balance between continuity and change, this book also contributes
to the debates on religious law in modernity and the challenges it
faces from secular states and plural societies. This book is of
interest to researchers and students of the sociology of law, legal
studies, law and religion, the sociology of religion, theology, and
religious studies. This is an open access book.
'Sacramentality' can serve as a category that helps to understand
the performative power of religious and legal rituals. Through the
analysis of 'sacraments', we can observe how law uses
sacramentality to change reality through performative action, and
how religion uses law to organise religious rituals, including
sacraments. The study of sacramental action thus shows how law and
religion intertwine to produce legal, spiritual, and other social
effects. In this volume, Judith Hahn explores this interplay by
interpreting the Catholic sacraments as examples of sacro-legal
symbols that draw on the sacramental functioning of the law to
provide both spiritual and legal goods to church members. By
focusing on sacro-legal symbols from the perspective of sacramental
theology, legal studies, ritual theory, symbol theory, and speech
act theory, Hahn's study reveals how law and religion work
hand in hand to shape our social reality.
Natural law has long been considered the traditional source of
Roman Catholic canon law. However, new scholarship is critical of
this approach as it portrays the Catholic Church as static,
ahistorical, and insensitive to cultural change. In its attempt to
stem the massive loss of effectiveness being experienced by canon
law, the church has to reconsider its theory of legal foundation,
especially its natural law theory. Church Law in Modernity analyses
the criticism levelled at the church and puts forward solutions for
reconciling church law with modernity by revealing the historical
and cultural authenticity of all law, and revising the processes of
law making. In a modern church, there is no way of thinking of the
law without the participation of the faithful in legislation.
Judith Hahn therefore proposes a reformed legislative process for
the church in the hope of reconciling the natural law origins of
church law with a new, modern theology.
The Roman Catholic Church has been criticized for many reasons,
including its legalism. The growing aversion of church members to
the law and the church hierarchy's juridified interpretation of
Christianity is fueled by the language of ecclesiastical law
(medieval legal Latin), which excludes most of the faithful from
understanding and participating in debates on reforming the
church's legal structure. In The Language of Canon Law, Judith Hahn
explores the legal order of the Roman Catholic Church to better
understand how the Roman Catholic Church communicates as a legal
institution. She argues that the language of canon law reveals the
political ideology of the church hierarchy, and she takes up the
tools of language and law scholarship to examine and challenge that
language. Examining the function of canon law language in
ecclesiastical communications, she studies the character of
canonical language, the grammar and terminology of canon law, and
how canon law language makes use of linguistic tricks and
techniques to create its typical sound. Further, Hahn discusses the
comprehension difficulties that arise out of ambiguities in the
law, out of transfer problems between legal and common language,
and out of canon law's confusing mix of legal, doctrinal, and moral
norms. An important contribution to law, language, theology, and
sociology alike, this book proposes a rethinking of whether Latin
is the appropriate language of a global and cross-cultural legal
order like canon law, suggesting that the global church instead
seek to develop a multi-language practice.
Natural law has long been considered the traditional source of
Roman Catholic canon law. However, new scholarship is critical of
this approach as it portrays the Catholic Church as static,
ahistorical, and insensitive to cultural change. In its attempt to
stem the massive loss of effectiveness being experienced by canon
law, the church has to reconsider its theory of legal foundation,
especially its natural law theory. Church Law in Modernity analyses
the criticism levelled at the church and puts forward solutions for
reconciling church law with modernity by revealing the historical
and cultural authenticity of all law, and revising the processes of
law making. In a modern church, there is no way of thinking of the
law without the participation of the faithful in legislation.
Judith Hahn therefore proposes a reformed legislative process for
the church in the hope of reconciling the natural law origins of
church law with a new, modern theology.
Die Studie ist eine Soziologie des roemisch-katholischen
Kirchenrechts. Das Buch dokumentiert das Experiment, die kirchliche
Rechtswirklichkeit aus Sicht der Kanonistik zu beschreiben, der
Disziplin der Theologie, die sich der Rechtsgestalt der
katholischen Kirche widmet. Die Kanonistik weiss
rechtswissenschaftlich zu denken. Aktuell lernt sie
rechtssoziologisch zu arbeiten. Die Schrift tragt daher zur Debatte
um den Status der Soziologie in der Theologie bei.Als Rechtsordnung
in der Spannung von Konstanz und Wandel reprasentiert das
Kirchenrecht religioese Rechtsordnungen in der Moderne. Indem sie
religioeses Recht im sakularen Staat und in der pluralen
Gesellschaft erfasst, dient die Studie zugleich dem Verstandnis von
Religiositat in Prozessen gesellschaftlicher Modernisierung. Sie
unterstutzt die Ausbildung der Religionsrechtssoziologie als
Segment des Forschungsfelds Recht und Religion.
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Recess (Paperback)
Laurie Haller; Preface by Judith Hahn
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R640
Discovery Miles 6 400
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